REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. E076 OF 2024
BENJAMIN NJOROGE MBURU…………………..…………………PLAINTIFF
VERSUS
REV. DR. ROBERT WAIHENYA NGUGI…………………..…1 ST DEFENDANT
RT. REV. PARTICK THEGU MUTAHI………………………..2 ND DEFENDANT
REGISTRAR OF SOCIETIES…………………………….…….3 RD DEFENDANT
DIRECTIONS
1. There are three applications pending determination. The first application is the Notice of Motion dated 22/1/2026. It was filed by the Plaintiff. The application seeks an order of status quo existing before 9/4/2024 PCEA General Assembly proceedings; leave to enjoin David Nderity Ndumo as the 4 th Defendant in these proceedings; leave to amend the Plaint and restraining orders as specified in that application.
2. The second application is dated 10/2/2026. It was filed by 2 nd Defendant. It seeks striking out of the Plaintiff’s suit. The 2 nd Defendant has also filed a Notice of Preliminary Objection of the same date, basing it on the grounds that the Plaintiff lacks locus standi to institute the current suit.
3. There is also the Notice of Motion dated 10/12/2025 filed by Mr. Moses Mwaura Ndegwa.
4. The parties involved in the pending applications have moved this court to issue directions. Mr. Njaramba for the 2 nd Defendant urged that the Application dated 10/2/2026 and the Notice of Preliminary Objection of the same date be determined first for the reasons that they both seek to strike out the entire suit.
5. I have considered the matter. I hold the view that the Notice of Preliminary Objection and the Notice of Motion both dated 10/2/2026 should be heard first for the reasons that they both question the legal standing of the Plaintiff to bring this instant suit. The determination of the issues raised in that Notice of Motion and the Preliminary Objection will determine whether the other pending applications shall proceed or not.
6. Consequently, I direct that the Notice of Motion and the Notice of Preliminary Objection both dated 10/2/2026 be canvassed together by way of written submissions. The 2 nd Defendant, who is the applicant in the Notice of Motion dated 10/2/2026 shall file and serve submissions within 14 days from the date of these directions. Upon service, the Respondents shall file and serve, concurrently, their respective submissions within 14 days.
7. This matter shall be mentioned on 21/4/2026 for purposes of confirming compliance with these directions.
8. It is so ordered
Dated, signed and delivered this 27/2/2026.
S. N. MUTUKU
JUDGE
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IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. E076 OF 2024
BENJAMIN NJOROGE MBURU…………………..…………………PLAINTIFF
VERSUS
REV. DR. ROBERT WAIHENYA NGUGI…………………..…1 ST DEFENDANT
RT. REV. PARTICK THEGU MUTAHI………………………..2 ND DEFENDANT
REGISTRAR OF SOCIETIES…………………………….…….3 RD DEFENDANT
DIRECTIONS
1. There are three applications pending determination. The first application is the Notice of Motion dated 22/1/2026. It was filed by the Plaintiff. The application seeks an order of status quo existing before 9/4/2024 PCEA General Assembly proceedings; leave to enjoin David Nderity Ndumo as the 4 th Defendant in these proceedings; leave to amend the Plaint and restraining orders as specified in that application.
2. The second application is dated 10/2/2026. It was filed by 2 nd Defendant. It seeks striking out of the Plaintiff’s suit. The 2 nd Defendant has also filed a Notice of Preliminary Objection of the same date, basing it on the grounds that the Plaintiff lacks locus standi to institute the current suit.
3. There is also the Notice of Motion dated 10/12/2025 filed by Mr. Moses Mwaura Ndegwa.
4. The parties involved in the pending applications have moved this court to issue directions. Mr. Njaramba for the 2 nd Defendant urged that the Application dated 10/2/2026 and the Notice of Preliminary Objection of the same date be determined first for the reasons that they both seek to strike out the entire suit.
5. I have considered the matter. I hold the view that the Notice of Preliminary Objection and the Notice of Motion both dated 10/2/2026 should be heard first for the reasons that they both question the legal standing of the Plaintiff to bring this instant suit. The determination of the issues raised in that Notice of Motion and the Preliminary Objection will determine whether the other pending applications shall proceed or not.
6. Consequently, I direct that the Notice of Motion and the Notice of Preliminary Objection both dated 10/2/2026 be canvassed together by way of written submissions. The 2 nd Defendant, who is the applicant in the Notice of Motion dated 10/2/2026 shall file and serve submissions within 14 days from the date of these directions. Upon service, the Respondents shall file and serve, concurrently, their respective submissions within 14 days.
7. This matter shall be mentioned on 21/4/2026 for purposes of confirming compliance with these directions.
8. It is so ordered
Dated, signed and delivered this 27/2/2026.
S. N. MUTUKU
JUDGE
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